I think my information is wrong 

If a Queensland government agency or Minister holds personal information about you that you think is incorrect, you may be able to correct it. If you are a parent, you may be able to correct your child’s personal information.

Departments, public hospitals, public universities, local councils, and statutory bodies like the Ombudsman are all agencies.

Personal information is any information about someone who can reasonably be identified. Personal information is incorrect if it is inaccurate, incomplete, out of date, or misleading.

When we say agency on this page we also mean a Minister.

This page will not help if you think a private healthcare provider or private company or business has wrong information about you.

You will need to contact the Office of the Australian Information Commissioner.

Limitations

Not all personal information can be changed. For example, your medical history, a doctor’s opinion, or an investigator’s conclusion. They are the historical record of what someone thought about matters concerning you.

You cannot use the amendment process to change the past or reopen closed matters.

Informal correction

The Queensland Privacy Principles say that an agency must take reasonable steps to make sure personal information is correct.

This means the first step is to ask the agency to change the information.

If the information you want changed is a fact that can be verified, this should be a simple process. For example, if you change your address or your name, updating it with the agency should be straightforward.

If the agency is not willing to correct your personal information informally, you can make an amendment application under the Right to Information Act 2009 (RTI Act).

Making an amendment application

If you believe that your personal information in a document held by an agency is inaccurate, incomplete, out of date or misleading, you can apply to have this information amended.

You must have had access to the information you want changed. For example, you may have been given a copy of it, seen it on a computer screen, or been told it over the phone.

You must know the actual words or numbers in the document that you think are incorrect.

How to apply

You must apply in writing. You can use the amendment application form or send a letter or email to the agency, but the application form asks for all necessary information.

You must give the agency an address they can send correspondence to. This can be an email address.

You must explain:

  • What you think is wrong with the information.
  • What has to be changed so that it stops being inaccurate or misleading.
  • What has to be changed to make it complete and up to date.

You should also give the agency copies of any evidence you have that shows that the information is incorrect.

Evidence of identity and authority

You must send the agency evidence of your identity.

If someone (including a legal representative) is making the application for you, they must provide evidence that you have authorised them to act on your behalf.

A parent applying on behalf of a child must send evidence of the child’s identity and evidence of the parental relationship.

How long will it take?

The agency has a base 25 business days to give you a decision. They can ask you for extra time but you do not have to agree.

Will the document be amended?

An agency will refuse to amend a document if they:

  • think that the information you want changed is not your personal information; or
  • are not satisfied that the information is actually incorrect.

They can also refuse to amend a document that is not part of a ‘functional record’. A functional record is one that the agency can use for its day to day activities. If something has been archived, it probably won’t be a functional record.

If the agency refuses to amend the information, you will have review rights. You can also ask the agency to add a notation to the document.

Can I amend my medical records?

You may disagree with a medical opinion, but that does not make it incorrect.

If you disagree with an opinion or are dissatisfied with treatment you received from a medical professional, other more appropriate avenues available to you include:

  • seeking a second opinion; or
  • making a complaint to the health service or the Office of the Health Ombudsman.

Amendment under the RTI Act cannot be used to challenge a medical opinion or diagnosis.

Asking the agency to add a notation to your medical record is usually a much better option than making an amendment application as it allows your concerns to be recorded and maintains the integrity of the original record.

Adding a notation

You must write to the agency and ask to add the notation. You need to set out:

  • the specific information you think is incorrect
  • whether you think it is incomplete, out of date, inaccurate and/or misleading
  • any information that you think needs to be added to complete it or to bring it up to date; and
  • any information think needs to be changed to make it accurate and not misleading.

The most practical approach is for you to tell the agency which words and/or numbers you think are wrong and what you want the notation to say.

The agency does not have to use your words. After adding the notation, the agency must give you a written notice telling you what the notation says.

Amending deceased people’s information

The definition of personal information does not usually include information about deceased people.

Despite this, the RTI Act allows the following people to apply to amend the information of a deceased person if they believe it is incorrect:

  • an eligible family member as defined by the RTI Act; or
  • another person who is authorised to act for the deceased person and who the agency believes has an appropriate interest in the amendment of the deceased person’s information.
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